Note
Industrial hemp remediation and biofuel crop research program (repealed July 1, 2016). L 2014, c 56.
Cross References
Drug demand reduction assessments; special fund, see §706-650.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.
Money laundering, see chapter 708A.
Cross References
Overdose prevention; limited immunity, see §329-43.6.
Law Journals and Reviews
Marijuana Prohibition in Hawaii. 13 HBJ, no. 3, at 9 (1977).
Case Notes
When a statute proscribes a substance as harmful, presumption of constitutionality applies although scientific views on harm are conflicting. This rule applies to marijuana cases. 56 H. 271, 535 P.2d 1394 (1975).
Defendants with prior felony convictions of drug offenses are disqualified from sentencing pursuant to §706-622.5, even if the convictions occurred in other jurisdictions and therefore not "under part IV of chapter 712", so long as the offenses would implicate this part if committed in Hawaii. 104 H. 71, 85 P.3d 178 (2004).
[§712-1240.8] Methamphetamine trafficking in the second degree. (1) A person commits the offense of methamphetamine trafficking in the second degree if the person knowingly distributes methamphetamine in any amount.
(2) Methamphetamine trafficking in the second degree is a class B felony for which the defendant shall be sentenced as provided in subsection (3).
(3) Notwithstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the second degree shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of not less than one year and not greater than four years and a fine not to exceed $10,000,000; provided that:
(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than three years, four months and not greater than six years, eight months;
(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than ten years; or
(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be ten years. [L 2006, c 230, pt of §4]
Case Notes
Sentencing court did retain the discretion to sentence petitioner defendant, who was convicted of violating this section, to a special five-year indeterminate term of imprisonment under §706-667. Specifically, the phrase "[n]ot withstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary", found in the sentencing provision of subsection (3), did not override sentencing petitioner defendant under §706-667 as "contrary". 130 H. 21, 305 P.3d 437 (2013).
Section: Previous 712-1230 712-1231 712-1240 712-1240.1 712-1240.5 712-1240.6 712-1240.7 712-1240.8 712-1240.9 712-1241 712-1242 712-1243 712-1244 712-1245 712-1246 NextLast modified: October 27, 2016